Court No. - 28
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40196 of 2019 Applicant :- Asif Opposite Party :- State Of U.P. Counsel for Applicant :- Amit Rai Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Heard Mr. V.M. Zaidi, Senior Advocate assisted by Mr M.J. Akhtar, learned counsel for the applicant and the learned A.G.A. for the State.
It is argued by the learned counsel for the applicant that the applicant is absolutely innocent and has been falsely implicated in the present case with some ulterior motive. Learned counsel for the applicant further submitted that recovery of illegal arms and other equipments is false, fabricated and planted. In fact no such recovery was effected from the possession of the applicant. It is also submitted that there is no independent witness of the alleged recovery. It is next contended that there are no chances of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence.The applicant is languishing in jail since 08.08.2019. He does not have any criminal history to his credit. It is submitted that the co-accused Zafar Islam, Sabir and Sikandar have already been enlarged on bail by this Court, vide orders dated 12.9.2019 and 16.9.2019. The case of the present applicant is similar and identical to that of the aforesaid accused. As such, the present applicant is also liable to be enlarged on bail. In case, the applicant is released on bail he will not misuse the liberty of bail.
Per contra learned A.G.A. has opposed the bail prayer of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage therefore, the applicant does not deserve any indulgence. In case the applicant is released on bail he will misuse the liberty of bail.
Having considered the submissions of the parties and without expressing any opinion on the merits, let the applicant Asif involved in case crime No. 131 of 2019, under section 25/5 of Arms Act, PS Sherkot, District Bijnor, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
The case of the present applicant is distinguishable from the other co-accused and the other co-accused shall not be entitled to claim parity from the present bail order.
Order Date :- 30.9.2019 HSM